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Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE:

By using The Cultureur (the “Website”), you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will signify that you accept those changes.

The information contained on www.thecultureur.com is provided as a service to the travel and hospitality industry and the general Internet community. It is not and does not constitute legal advice. We attempt to provide quality information, but we cannot make claims, promises, or guarantees about the accuracy, thoroughness, or adequacy of the information and resources contained in and/or linked to this Website. As laws vary from state to state and locale to locale, and as legal advice must be tailored to the circumstances of each situation, and since laws are in a constant state of flux, nothing provided on this Website and/or its links should be used as a substitute for the advice of your own legal counsel. Accordingly, the content provided on this Website is general information and does not constitute legal advice. Finally, your review and/or use of this information and/or sending email or receiving an email from TheCultureur.com or a content provider does not form an attorney/client relationship.

RESERVATION OF RIGHTS

Unless otherwise states, all of the information, ideas, photos, videos, conceptualizations, plans, designs, theories, paradigms, etc. located on the Website are the exclusive property of TheCultureur.com, and TheCultureur.com hereby claims copyright and conceptualization rights, to the fullest extent provided by law, to all information, conceptualizations, plans, designs, theories, paradigms, etc. contained in this Website, together with any prototypes, models, and/or fully developed programs whether produced mechanically, electronically, digitally or otherwise (either directly or indirectly) arising from the information or models contained in this Website, and the viewer by visiting the Website acknowledges and attests to these rights and acknowledges the Terms of Use for all areas of the Website.

If you wish to link to the Website or any posts therein, you may only do so with the express written permission of TheCultureur.com. Furthermore, you agree to cease such linking upon request from TheCultureur.com. No other use including “scraping” is permitted without prior written permission of TheCultureur.com. Except for search engine exploration and/or investigation, use of any robot, spider, other automatic device, or manual process to monitor or copy our Webpages or the Content is strictly forbidden.

Modification of the Content or use of the Content for any other purpose is a violation of TheCultureur.com’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to TheCultureur.com.

USAGE BY CHILDREN UNDER 13

The Web site is directed to adults and is not directed to children under the age of 13. TheCultureur.com cannot prohibit minors from visiting the Website. TheCultureur.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. TheCultureur.com complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.

CONTENT

TheCultureur.com takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does TheCultureur.com have any obligation to monitor such third-party content. TheCultureur.com reserves the right at all times to remove or refuse to distribute any content, such as content which violates the terms of this Agreement. TheCultureur.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) detect, prevent, or otherwise address fraud, security or technical issues, (c) respond to user support requests, or (d) protect the rights, property or safety of TheCultureur.com, its users and the public.

TheCultureur.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

FORUMS, BLOGS, AND OTHER PUBLIC COMMUNICATION

“Forum” means letters, e-mails, blogs, or other types of communications to the editors, Webmaster(s), or employees of TheCultureur.com, and comments posted in connection with any Content on the Website.

We cannot permit postings that in our reasonable judgment:

  1. are obscene and/or promote racism, prejudice, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harass or advocate harassment of another person or organization;
  3. contain nudity, violence or offensive subject matter;
  4. promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  5. exploit people in a sexual, violent or other manner not respectful of human rights;
  6. further or promote any criminal activity or enterprise or provide instructional information about illegal activities, such as making or buying illegal weapons or violating someone’s privacy;
  7. solicit passwords or personal information from others for commercial or unlawful purposes;
  8. knowingly introduce viruses, worms, harmful code or Trojan horses on the Internet; or
  9. involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, solicitation of donations, bartering, advertising or pyramid schemes.

TheCultureur.com reserves the right to remove any postings that violate its Terms of Use.

Do not post any content (e.g., book quotes, logos, etc.) that is the property of another individual. We will delete any posting that we believe may violate the copyright, trademark or other intellectual property rights of any person or organization.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Website to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of the TheCultureur.com privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on TheCultureur.com; (2) protect and defend the legitimate business interests, rights or property of TheCultureur.com, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. TheCultureur.com has the right but not the obligation to monitor and edit or remove any Forum communications and content.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Unless expressly authorized in writing by TheCultureur.com, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of TheCultureur.com.

PRIVACY

You are subject to TheCultureur.com’s privacy policy, which is incorporated in full herein by reference.

INDEMNIFICATION

You agree to indemnify, defend and hold TheCultureur.com harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Website and/or Forum.

NON-TRANSFERABILITY

Your right to use this Website is not transferable. Any password or right given to you to obtain information is not transferable.

JURISDICTION

All users, including those users who access the Website from a country other than the U.S., agree to the laws of the U.S.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from TheCultureur.com if, in TheCultureur.com’s sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Website and all copies thereof, whether made under these terms or otherwise. TheCultureur.com may take such further action as TheCultureur.com determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and TheCultureur.com shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from TheCultureur.com‘s exercise of its rights under these terms and conditions.

DISCLAIMER

The content in the Website is provided as is and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, TheCultureur.com disclaims all warranties, express of implied, including implied warranties of merchantability and fitness for a particular purpose. TheCultureur.com does not warrant that the functions contained in the content will be uninterrupted or error-free, that defects will be corrected, or that the website or the server(s) that makes the website available are free of viruses or other harmful components. TheCultureur.com does not warrant or make any representations regarding the use or the results of the use of the content on the Website in terms of its correctness, accuracy, reliability, or otherwise. Further, TheCultureur.com does not assume any legal liability for the content, quality, accuracy or completeness of said information and materials. Any reliance you place on such information is therefore strictly at your own risk. You (and not TheCultureur.com) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall TheCultureur.com be liable for any special or consequential damages that result from the use of, or the inability to use, the content on the website, even if TheCultureur.com or a TheCultureur.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall TheCultureur.com’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the website.

OTHER PRODUCTS

Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by TheCultureur.com. Content on the Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of TheCultureur.com. TheCultureur.com does not make any representations and/or express or implied warranties as to the competence and/or quality of the products and services that might be provided by any of the vendors.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent that the Website contains links to outside services and resources, TheCultureur.com does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

WAIVER AND SEVERABILITY

The failure of TheCultureur.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

DMCA NOTICES

Unless otherwise marked, all content on all relevant mediums, including but not limited to the website, email newsletters, and social media, associated with The Cultureur is the intellectual property of Nyssa P. Chopra. If you have a good faith belief that your intellectual property rights have been violated, please send a DMCA takedown notice to info@thecultureur.com and we will look into the matter as expeditiously as possible.

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